The Liability Attached to the Supply of Containers by a Maritime Carrier

Abstract

This article is based on a French Court decision about the legal nature of the contract of supply of containers. The author analyses the French Court's legal treatment of the contract for the supply of a shipping container and discusses the possible consequences of such a treatment. Subsequently to this, the author argues that, although legally understandable, the solution chosen by the French court is not necessarily the most appropriate particularly in the context of international trade and in regards of the necessary unification of that area of the law. This analysis is reached on the basis of a comparative law approach and by reference to the treatment of similar issue in various common law jurisdictions.